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Jordan McErlean

Associate

Recognition

Global Restructuring Review 100 2019

Jordan McErlean is an Associate in the Litigation & Restructuring Department in the Cayman Islands office of Conyers Dill & Pearman. Jordan joined Conyers as an Associate in 2017.

Jordan has undertaken secondments to both the Hong Kong office of Conyers, the market leader in offshore firms within Hong Kong and Wilberforce Chambers in London, a leading barristers’ chambers specialising in general commercial litigation, civil fraud, trusts, insolvency and other areas.

Jordan’s practice covers all areas of international commercial litigation.

Jordan has advised clients such as insurance/re-insurance and captive insurance providers, investment funds (including directors), insolvency professionals, accounting professionals and other entities on a range of complex shareholder disputes, insolvency matters, restructurings, employment disputes, and other commercial litigation issues.

Jordan is experienced in obtaining and defending injunctions and has successfully acted in relation to a number of high-value claims.

Jordan is adept in all aspects of insolvency (creditors winding up petitions, just and equitable winding up petitions) and restructuring law (schemes of arrangement etc), and in assisting insolvency professionals in making recoveries for stakeholders whether for example through claw back claims, or by making claims against third parties such as against service providers or directors. Jordan has also been published in well-respected journals on the subject of cryptocurrency related claw back proceedings.

Jordan also has particular expertise in all aspects of cross-border legal issues, including the enforcement of foreign judgments, the enforcement of foreign arbitral awards, facilitating cross-border insolvency and restructuring proceedings between Hong Kong, the USA (in support of chapter 11/15 proceedings), the Cayman Islands and elsewhere. Jordan has also assisted Queen’s Counsel in preparing various pieces of expert evidence on Cayman Islands law for presentation to foreign courts, in the United States and otherwise.

Jordan regularly advises individuals and corporate entities in the funds, insurance and re-insurance industries in relation to high value contentious employment matters, such as in respect of post-termination claims and restrictive covenants (non-compete restrictions, non-solicitation restrictions etc).

Experience Highlights

  • Successfully acted for RMF in DD Growth Premium 2X Fund -v- RMF Market Neutral Strategies (Master) Ltd.
  • Acted for the General Partner of Torchlight Fund LP in its successful defence against a just and equitable winding up petition and in a related counter-claim.
  • Acted for PROPARCO (a Development Financial Institution partly owned by the French Development Agency (AFD) and private shareholders from the developed countries and developing nations) in its defence of a BVI claim brought against Dragon Capital (a Vietnam based fund manager).
  • Acted for a major Cayman Islands company in its defence of an unfair dismissal claim brought by a former employee.
  • Acting for the Public Institution For Social Security in respect of the on-going provisional liquidation of Abraaj Holdings.
  • Acted on behalf of David Gao in a claim for breach of directors’ duties against China Biologic Products Holdings, Inc.
  • Acted for Outrider Master Fund and Stephen Hope in their defence of conspiracy and breach of fiduciary duties claims brought by Frontera.

Professional Background

  • Articled Clerk, Conyers Dill & Pearman, 2015

Education

  • Postgraduate Diploma in Legal Practice (LPC), BPP University, 2015
  • Master of Laws (LLM) in International Commercial Law - University College London, 2014
  • Bachelor of Laws (LLB) with First Class Honours - Swansea University, 2013

Bar Admissions

  • Cayman Islands, Attorney-at-law, 2017

Associations

  • Cayman Islands Legal Practitioners
  • International Bar Association (IBA)
  • Recovery & Insolvency Specialists’ Association Cayman (RISA)
  • International Women's Insolvency & Restructuring Confederation (IWIRC)
  • INSOL International

Offshore Cases

Contributor - Chen, T., Jarvis, L., Macdonald, S., and Whiting, A. (2014). Cyberterrorism and the News Media. Cyberterrorism Project Research Report (No. 3).